Webb & Knapp (Canada) Limited et al. v. City of Edmonton

Webb & Knapp (Canada) Limited et al. v. City of Edmonton

Majority held that the City breached Webb & Knapp's copyright because commissioners used the appellant's plan and materials as the basis for the commissioners' plan prior to the council decision rejecting Webb & Knapp's plan; clause 4 transferring property on rejection did not, in the circumstances, negate the appellant's copyright; damages for the infringement were assessed at $50,000 despite difficulty in precise valuation.

Citation
[1970] SCR 588
Parties
Plaintiff/appellant: Webb & Knapp (Canada) Limited; Plaintiff/appellant: Western Pacific Projects Ltd.; Defendant/respondent: City of Edmonton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 March 1970
Procedural Posture
Civil Appeal Contract and Copyright / Appeal to the Supreme Court of Canada From the Appellate Division, Supreme Court of Alberta
Outcome
Appeal allowed. Majority judgment for appellant on copyright; damages awarded $50,000. Abbott and Ritchie JJ. dissenting.
Legal Topics
Breach of Contract, Breach of Copyright, Measure of Damages, Assignment of Property in Plans, Municipal Authority and Procedure
Source Language
English
Contract Copyright Municipal Law Damages Breach of Contract Breach of Copyright Measure of Damages Assignment of Property in Plans +1 more

Case Brief

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Parties

Webb & Knapp (Canada) Limited

Plaintiff/appellant

Western Pacific Projects Ltd.

Plaintiff/appellant

City of Edmonton

Defendant/respondent

Procedural Posture

Civil Appeal Contract and Copyright / Appeal to the Supreme Court of Canada From the Appellate Division, Supreme Court of Alberta

Legal Issues

  1. 1 Whether the City infringed the appellant's copyright by using the appellant's plan prior to formally rejecting it
  2. 2 Whether clause transferring property in the plan to the City upon rejection also transferred copyright
  3. 3 Measure of damages for copyright infringement where assessment is difficult

Ratio Decidendi

Majority held that the City breached Webb & Knapp's copyright because commissioners used the appellant's plan and materials as the basis for the commissioners' plan prior to the council decision rejecting Webb & Knapp's plan; clause 4 transferring property on rejection did not, in the circumstances, negate the appellant's copyright; damages for the infringement were assessed at $50,000 despite difficulty in precise valuation.

Court Disposition

Appeal allowed. Majority judgment for appellant on copyright; damages awarded $50,000. Abbott and Ritchie JJ. dissenting.

Orders

  • Judgment allowing the appeal on the copyright claim and awarding damages of $50,000 to Webb & Knapp for breach of copyright.
  • No costs to either party at trial; Webb & Knapp awarded its costs in the Appellate Division and in this Court.